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6. Specify the timelines for the commencement of due process hearings.

Except as provided in 34 CFR 300.510(c), the timeline for issuing a final decision under 34 CFR 300.515 begins at the expiration of the 30-day resolution period.
[34 CFR 300.510(b)(2)]

Adjustments to the 30-day resolution period. The 45-day timeline for the due process hearing in 34 CFR 300.515(a) starts the day after one of the following events:
  • Both parties agree in writing to waive the resolution meeting;
  • After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible;
  • If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.
[34 CFR 300.510(c)]

The public agency must ensure that not later than 45 days after the expiration of the 30 day period under 34 CFR 300.510(b), or the adjusted time periods described in 34 CFR 300.510(c):
  • A final decision is reached in the hearing; and
  • A copy of the decision is mailed to each of the parties.
[34 CFR 300.515(a)]

If the State offers a State level review of hearing officer decisions, as permitted by the regulations, the SEA must ensure that not later than 30 days after the receipt of a request for a review:
  • A final decision is reached in the review; and
  • A copy of the decision is mailed to each of the parties.
[34 CFR 300.515(b)]

A hearing or reviewing officer may grant specific extensions of time beyond the periods set out in 34 CFR 300.515(a) and (b) at the request of either party.
[34 CFR 300.515(c)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. From your perspective, why is it important to have specific timelines in the regulations for commencing and responding to due process complaints?

Application Questions

  1. How is the State’s process, including required timelines, best communicated to all stakeholders?

    These questions were developed by the following stakeholders working together:

    Role: General Education Administrator
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: Family Member
    Location: New Jersey

    Role: Teacher
    Location: West Virginia